Dunlap Probate Lawyer
Experienced Probate Attorneys Representing Dunlap, TN Clients
A loved one’s death can be devastating leaving uncertainty for the remaining family members. If a family member dies with assets in their name that have not been specified to be transferred to another party by a previous manner of estate planning, those assets are referred to be probate assets. Before being distributed to the appropriate creditors, heirs, or beneficiaries, these assets must be transferred through Probate Court processes.
Our Dunlap Probate Lawyers at the Elizabeth Greer Adams Law Group in Tennesse are here to help you sort through the affairs of a loved one or make sure your assets land up in the rightful hands after you pass away.
Tennessee Probate Laws
Probate is the legal procedure through which the assets of a deceased person, known as the decedent, are transferred to the decedent’s heirs. The probate court will authenticate the decedent’s will, disperse assets to the heirs, and pay all debts as part of this legal procedure.
Most individuals create a Will to express their estate wishes and instructions. The probate procedure includes establishing the validity of the will. Without a will, probate may still be necessary since the court must determine how the deceased’s estate’s assets should be distributed to their loved ones.
Probate laws differ by state, and most jurisdictions enable you to avoid it if you meet specific criteria. You can start probate by submitting a petition with the court if you become the personal representative of an estate. Making a will won’t get you out of probate, but the terms can help steer the procedure, and not all wills need to be probated.
Is Probate Required in Every Case?
It is important to understand that only assets and estates that were exclusively in the deceased person’s name, with no other owners listed, must go through probate. Those assets will be included in the probate estate. Generally, this excludes:
- Any asset that has a transferable-on-death (“TOD”) or payable-on-death (“POD”) designation naming an individual as the beneficiary.
- Life insurance having a designated beneficiary will be given straight to the person stated on the policy.
- Rights of survivorship assets, such as joint bank accounts or real estate held jointly. These assets will be given to the surviving owner directly.
If the family still has assets apart from the above assets, they will very certainly have to go through probate before being divided. Not everything the deceased had is included in the probate estate. If you’re unsure which assets should go through probate and which can be passed on immediately, consulting with a Dunlap probate lawyer is a good idea to avoid extra difficulties and costs.
The probate process might take anything from a few months to a year or more, depending on the complexities of the case. Smaller estates, in general, require less time to settle than bigger estates with more moving pieces (probate assets, beneficiaries, and other issues like debts and taxes), but it all relies on how quickly the estate representative can proceed through the process. Legal objections might slow down the process, so be sure your will is legal.
Reach Out To A Dunlap Probate Lawyer
Your assets are a result of your hard work and diligent preparation. It’s only fair and logical to want to ensure that your loved ones are taken care of in your absence or if you become disabled.
If a loved one has passed away, we can help you with all parts of the estate administration, from start to finish. We’ll lead you through all of the documents, timelines, and accountings, as well as assist you with paying creditors and beneficiaries from the estate and other areas of the will probate process. Many people die without a will or an estate plan. The bulk of a decedent’s loved ones will have to go through the probate process.
Our accomplished Dunlap probate lawyer is perfectly equipped to give thorough assistance and representation on all probate concerns. We offer sympathetic legal advice as well as aggressive litigation techniques. To talk with our team of expert Dunlap probate lawyers, call (423) 949-3621 now.